Sunday Tribune

Former UJ lecturer slams varsity lawyer over her medical records

- MANYANE MANYANE manyane.manyane@inl.co.za

A FORMER University of Johannesbu­rg (UJ) lecturer who was dismissed in 2020 has accused the institutio­n’s legal representa­tive of accessing her medical report without her consent. This was heard at the Commission for Conciliati­on, Mediation and Arbitratio­n (CCMA) where the former employee, Lyness Matizirofa, is currently fighting her dismissal from the university.

Matizirofa, who was a lecturer in the UJ statistics department, was fired for poor performanc­e and gross dishonesty in February 2020. However, she maintained that these were trumped-up charges.

Matizirofa, who originates from Zimbabwe, said she was unfairly dismissed based on xenophobia and the fact that she has a disability.

She said UJ and its legal representa­tive, Eversheds and Sutherland (SA) INC, plotted her dismissal through her medical report. She said this was after Nadia Foreman, a legal practition­er at Eversheds and Sutherland, and a UJ HR practition­er, colluded to share her medical report on August 29, 2019 without her consent.

She said this was before she was dismissed in 2020.

Matizirofa said this was after former

UJ vice-chancellor Professor Tshilidzi Marwala realised it was more expensive to “reasonably accommodat­e” her because of her disability and allegedly plotted her dismissal.

She submitted a report of reasonable accommodat­ion but UJ allegedly failed to accommodat­e her disability at the Doornfonte­in campus after she complained about a lack of facilities at the John Orr Building.

The email of the report was shared with the building managers, HR and third parties including Foreman.

The email read: “Dear Lyness. Please find the attached report from the UJ Disability Unit. Attached further hereto is the letter which you received in March 2019.

“According to the attached, you have been reasonably accommodat­ed and the university has taken reasonable steps to address your concerns. In his capacity as HOD, Mr van Appeal communicat­ed a reasonable and lawful instructio­n to you. You may exercise your rights as mentioned in your email. The university’s rights are also reserved in this regard.”

On Monday, Matizirofa’s legal representa­tive, advocate Macgregor Kufa, told commission­er Piet van Staden this violated her human rights as the medical history was unlawfully accessed.

He said the records were accessed prior to the disciplina­ry hearing against Matizirofa.

Although she admitted that she had received the medical records as part of the grievance, Foreman said she did not receive them on August 29, 2019. She told Van Staden that she could not recall if she received the report before or in preparatio­n for the disciplina­ry hearing. She also said some of her emails had been deleted.

UJ and Marwala previously contended that the allegation­s were designed to cause irreparabl­e harm to their good names and reputation­s.

Kufa said this was a violation of Matizirofa’s human rights, adding that the Constituti­on protected the rights of all people in South Africa.

“Section 9 of the Constituti­on provides

that everyone is equal before the law and has equal protection and benefit of the law. No person, including the state and private companies, may unfairly discrimina­te directly or indirectly on one or more grounds against any person on one or more grounds including race, gender, colour, age or disability.”

Section 10 of the Constituti­on provides that everyone has the right to have their dignity respected and protected. It states: “South Africa is a party to internatio­nal laws and agreements such as the United Nations Convention on the Rights of Persons with Disabiliti­es (CRPD) of 2006, which South Africa ratified in 2007, which means that the country accepts all the legal obligation­s that are imposed by this instrument. The CRPD seeks to promote, protect and ensure the full and equal enjoyment of all human rights by persons with disabiliti­es.”

Matizorofa launched a complaint against Foreman, her colleague Sandro Milo and Eversheds and Sutherland with the Legal Practice Council in July 2023 over their alleged behaviour in a bid to limit her rights to pursue justice.

She said they had employed calculated and overbearin­g legal strategies and rules that implicated her, while “immunising” themselves by the use of discrimina­tory practices.

 ?? I SUPPLIED ?? FORMER University of Johannesbu­rg lecturer Lyness Matizirofa.
I SUPPLIED FORMER University of Johannesbu­rg lecturer Lyness Matizirofa.

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